Death of a proprietor - certificate of title

If one of the owners of a property dies you need to notify the Lands Titles Office (LTO). You'll need to know whether the property is held as joint tenants or tenants in common because this will decide what steps to take. To find out, you may order a register search under the heading 'Land Services' using SAILIS.

Where two or more people hold land under a joint tenancy, the right of survivorship applies. This means the surviving joint tenants are solely entitled to the land upon the death of another joint tenant.

If the property is held as joint tenants and an owner of the property has died you will need:

2. Fill in an application form

If you fill in this form without the help of a registered conveyancer or legal practitioner, you will need to comply with the legislative requirements and provide the relevant certifications that apply to self-represented parties.

All LTO forms must be printed in black ink on white, A4, 80-gsm paper and printed on both sides. If you do not have access to a duplex printer, use the manual feed option to make a double-sided copy.

There is no right of survivorship under a tenancy in common. On the death of a tenant in common their share will pass according to their will or, in the absence of a will, according to the laws of intestacy.

If the property is held as tenants in common and an owner of the property has passed away you will need:

a complete photocopy of the probate

a photocopy of the registrar's certificate

a completed transmission application form

to have your identity verified

to have your authority to deal with the property verified.

A transmission application form can also be used when there is only one owner registered on the title.

1. Get probate documents

Request a copy of probate and the registrar's certificate from the probate office.

2. Fill in an application form

If you fill in this form without the help of a registered conveyancer or legal practitioner, you will need to comply with legislative requirements and provide the relevant certifications that apply to self-represented parties.

All LTO forms must be printed in black ink on white, A4, 80-gsm paper and printed on both sides. If you do not have access to a duplex printer, use the manual feed option to make a double-sided copy.